The two-manned Senate minority bloc on Tuesday released their own “minority report” on the sugar importation fiasco countering several of the findings and recommendations of the Senate Blue Ribbon Committee on the controversial release of Sugar Order No. 4 which Malacañang eventually disowned.
In particular, Senate Minority Leader Aquilino “Koko” Pimentel III said they disagree with the recommendation of the panel to file criminal and administrative charges against former undersecretary Leocadio Sebastian and the three other executives in the Sugar Regulatory Administration (SRA) in connection to their involvement in the controversial release of Sugar Order No. 4.
Last August, President Marcos disowned the release of S.O. No. 4 which could have authorized the entry of 300,000 metric tons (MT) into the country. Executive Secretary Vic Rodriguez, who was privy to Marcos’ request for a sugar importation plan, had insisted that the move was illegal as the resolution had no approval of the Chief Executive, who is also concurrently the secretary of agriculture.
Pimentel pointed out that at the onset of the Senate committee hearings on the sugar importation fiasco, there is “evidence of good faith” on the part of Sebastian, former Sugar Regulatory Board (SRB) member Roland Beltran, former board member Aurelio Gerardo Valderma and former Sugar Regulatory Administration (SRA) administrator Hermenegildo Serafica.
All four officials, signatories to the document, have quit from their posts since the sugar importation fiasco snowballed.
Sen. Francis Tolentino, chair of the blue ribbon panel, earlier reported out the committee report recommending the filing of mulitple charges against the four former officials, particularly for violation of Anti-Graft and Corrupt Practices Act.
But Pimentel said there is enough evidence that the four officials prepared and signed S.O. No. 4 in “good faith” and were even present during the meetings that were evidently organized by the Executive Secretary.
“The Minority would like to point out that there were clearly badges of good faith on the part of USec. Sebastian, Administrator Serafica, and Board Members Beltran and Valderrama that the Committee Report apparently failed to notice and give importance to,” the minority senators said in the 17-paged report.
“Aside from the fact that there was no evidence of an intention to conceal the execution of SO No. 4 from the President, the sworn affidavits and the testimonies of the four key persons made during the public hearings are consistent in their assertion that they only did their job and what they believed were required of them at that given time,” they said.
Pimentel and Hontiveros also said the recommendation of the majority to initiate adminstrative and criminal charges against them and to issue a look out bulletin “are lacking factual and legal basis.”
“These are human beings ah, with careers, reputation and families...the treatment is undeserved, uncalled for, and unjustified,” Pimentel said.
The minority senators also said the Blue Ribbon Committee Report “failed, or purposefully refrained, to discuss the part which ES Rodriguez played in this unfortunate debacle.”
Rodriguez, they said, was insinuating that there was an intent on behalf of the SRA board members to conceal the execution of SO No. 4 froom the President, but the testimonies during the hearings and sworn affidavits submitted clearly established that all documents, including the planning and drafting of the sugar order, recommendations, were promptly communicated to the Office of the President through the Office of the Executive Secretary.
Pimentel pointed out “he (Rodriguez) also admitted he purposely did not answer” Sebastian.
“By virtue of his position, Executive Secretary Rodriguez has a direct link to the President. He stands as the gatekeeper to the President,” they said.
The minority senators added: “There would not have been any miscommunication had the Executive Secretary simply replied that the SRA Board should give the President more time to study the ‘draft’ SO No. 4 and to hold in abeyance the planned referendum pending advice or instruction from the Office of the President.”
“It was clear to us early on that all communications related to the issuance of S.O. No. 4 were timely and clearly communicated to the Executive Secretary. However, the Executive Secretary’s unilateral decision to sit on it contributed to the debacle,” Hontiveros said, during a press briefing.
She also called the recommendation to file criminal and administrative charges against the four officials to be “disproportionately punitive.”
“Walang basehan at hindi makatarungan kung kakasuhan pa sila. Hindi dapat pinagdidiskitahan ng administrasyon ang mga empleyado ng gobyerno na ginagawa lang naman ang trabaho nila (There is no basis and it is an injustice if they are going to face cases just for this. The administration should not be threatening government employees who are just doing their job),” she said.
Asked why the minority report did not recommend any charges to be filed against Rodriguez, Pimentel said they have opted not to and would just like to appeal to other senators to “let this be on their conscience” instead.
“Wala, di na kami nag recommend ng charges against Rodriguez. Let it be na lang. Let this be on their conscience na lang. And this is addressed to the majority,” Pimentel said.
“We will cross-examine them (majority senators) when they decide to charge the four personalities,” he said.